PROVISIONS 


OP THE ^ 

/7-v7^' 

Constitution and Statutes of California 

Governing the Submission of Measures 
to the Whole People by the 

Initiative and Referendum 

PREPARED BY 

The Legislative Counsel Bureau 



33093 


CALIFORNIA STATE PRINTING OFFICE 
SACRAMENTO 
19 17 





■CzzAs' 

mx 



* \ 


In certifying petitions county clerks and registrars of voters should 


use the forms prepared by the Secretary of State and the Attorney 


General. 

D. of D. 

NOV 8 i9!?. 








PROVISIONS OF THE CALIFORNIA CONSTITUTION RELATING 
TO THE INITIATIVE AND REFERENDUM. 

[Article IV, Section 1, of the Constitution, as amended October 10, 1911,] 

The legislative power of this state shall be vested in a senate 
and assembly which shall be designated ‘‘The Legislature of 
the State of California,” but the people reserve to themselves Power 
the power to propose laws and amendments to the constitution, pJopie.^ 
and to adopt or reject the same, at the polls independent of 
the legislature, and also reserve the power, at their own option, 
to so adopt or reject any act, or section or part of any act, 
passed by the legislature. The enacting clause of every law Enacting 
shall be ‘ ‘ The people of the State of California do enact as 
follows 

The first power reserved to the people shall be known as 
the initiative. Upon the presentation to the secretary of state 
of a petition certified as herein provided to have been signed 
by qualified electors, equal in number to eight per cent of all 
the votes cast for all candidates for governor at the last preced¬ 
ing general election, at which a governor w^as elected, propos¬ 
ing a law or amendment to the constitution, set forth in full 
in said petition, the secretary of state shall submit the said 'Ify"fSte 
proposed law or amendment to the constitution to the electors must submit 
at the next succeeding general election occurring subsequent to 
ninety days after the presentation aforesaid of said petition, or 
at any special election called by the governor in his discretion 
prior to such general election. All such initiative petitions 
shall have printed across the top thereof in twelve point black¬ 
face type the following: ‘ ‘ Initiative measure to be submitted brentitied. 
directly to the electors.” 

Upon the presentation to the secretary of state, at any time vvhensec- 
not less than ten days before the commencement of any regular Sfe mLt 
session of the legislature, of a petition certified as herein pro- 
vided to have been signed by qualified electors of the state 
equal in number to five per cent of all the votes cast for all 
candidates for governor at the last preceding general election, 
at which a governor was elected, proposing a law set forth in 
full in said petition, the secretary of state shall transmit the 
same to the legislature as soon as it convenes and organizes. 

The law proposed by such petition shall be either enacted or 
rejected without change or amendment by the legislature, amend, 
within forty days from the time it is received by the legislature. 

If any law proposed by such petition shall be enacted by the 
legislature it shall be subject to referendum, as hereinafter 
provided. If any law so petitioned for be rejected, or if no if rejected 
action is taken upon it by the legislature, within said forty Jponm^s?** 
days, the secretary of state shall submit it to the people for 
approval or rejection at the next ensuing general election, election. 
The legislature may reject any measure so proposed by initia- Legislature 
tive petition and propose a different one on the same subject TubsStr 


— 4 — 


Petition to 
be entitled. 


The 

referendum, 
taws go into 
effect ninety 
days after 
adjourn¬ 
ment of 
legislature. 
Exceptions. 


Facts to be 
set forth. 


t^Tiat not 

urgency 

measure. 


Urgency 
measures go 
into effect 
immediately. 


Signatures 

required. 


Submission 
at general or 
special 
election. 


Keferendum 
against 
par t of act. 


Takes effect 
five days 
after decla¬ 
ration of 
vote. 


by a yea and nay vote upon separate roll call, and in such event 
both measures shall be submitted by the secretary of state to 
the electors for approval or rejection at the next ensuing gen¬ 
eral election or at a prior special election called by the governor, 
in his discretion, for such purpose. All said initiative petitions 
last above described shall have printed in twelve point black¬ 
face type the following: ‘‘Initiative measure to be presented 
to the legislature.” 

The second power reserved to the people shall be known as 
the referendum. No act passed b}^ the legislature shall go into 
effect until ninety days after the final adjournment of the 
session of the legislature which passed such act, except acts 
calling elections, acts providing for tax levies or appropriations 
for the usual current expenses of the state, and urgency meas¬ 
ures necessary" for the immediate preservation of the public 
peace, health or safety, passed by a two-thirds vote of all the 
members elected to each house. Whenever it is deemed neces¬ 
sary for the immediate preservation of the public peace, health 
or safety that a law shall go into immediate effect, a statement 
of the facts constituting such necessity shall be set forth in one 
section of the act, which section shall be passed only upon a 
yea and naj^ vote, upon a separate roll call thereon; provided, 
however, that no measure creating or abolishing any office or 
changing the salary, term or duties of any officer, or granting 
any franchise or special privilege, or creating any vested right 
or interest, shall be construed to be an urgency measure. 
Any law so passed by the legislature and declared to be an 
urgency measure shall go into immediate effect. 

Upon the presentation to the secretary of state within ninety 
days after the final adjournment of the legislature of a petition 
certified as herein provided to have been signed by qualified 
electors equal in number to five per cent of all the votes cast 
for all candidates for governor at the last preceding general 
election at which a governor was elected, asking that any act 
or section or part of any act of the legislature be submitted to 
the electors for their approval or rejection, the secretary of 
state shall submit to the electors for their approval or rejection, 
such act, or section or part of such act at the next succeeding 
general election occurring at any time subsequent to thirty 
days after the filing of said petition or at any special election 
which may be called by the governor, in his discretion, prior to 
such regular election, and no such act or section or part of 
such act shall go into effect until and unless approved by a 
majority of the qualified electors voting thereon; but if a 
referendum petition is filed against any section or part of any 
act the remainder of such act shall not be delayed from going 
into effect. 

Any act, law or amendment to the constitution submitted 
to the people by either initiative or referendum petition and 
approved by a majority of the votes cast thereon, at any elec¬ 
tion, shall take effect five days after the date of the official 


— 5 — 


declaration of the vote by the secretary of state. No act, law 
or amendment to the constitution, initiated or adopted by the 
people, shall be subject to the veto power of the governor, and 
no act, law or amendment to the constitution, adopted by the 
people at the polls under the initiative provisions of this sec¬ 
tion, shall be amended or repealed except by a vote of the 
electors, unless otherwise provided in said initiative measure; 
but acts and laws adopted by the people under the referendum 
provisions of this section may be amended by the legislature at 
any subsequent session thereof. If any provision or provisions 
of two or more measures, approved by the electors at the same 
election, conflict, the provision or provisions of the measure 
receiving the highest affirmative vote shall prevail. Until other¬ 
wise provided by law, all measures submitted to a vote of the 
electors, under the provisions of this section, shall be printed, 
and together with arguments for and against each such meas¬ 
ure by the proponents and opponents thereof, shall be mailed 
to each elector in the same manner as now provided by law as 
to amendments to the constitution, proposed by the legislature; 
and the persons to prepare and present such arguments .shall, 
until otherwise provided by law, be selected by the presiding 
officer of the senate. 

If for any reason any initiative or referendum measure, pro¬ 
posed by petition as herein provided, be not submitted at the 
election specified in this section, such failure shall not prevent 
its submission at a succeeding general election, and no law or 
amendment to the constitution, proposed by the legislature, 
shall be submitted at any election unless at the same election 
there shall be submitted all measures proposed by petition of 
the electors, if any be so proposed, as herein provided. 

Any initiative or referendum petition may be presented in 
sections, but each section shall contain a full and correct copy 
of the title and text of the proposed measure. Each signer 
shall add to his signature his place of residence, giving the 
street and number if such exist. His election precinct shall 
also appear on the paper after his name. The number of sig¬ 
natures attached to each section shall be at the pleasure of the 
person soliciting signatures to the same. Any qualified elector 
of the state shall be competent to solicit said signatures within 
the county or city and county of which he is an elector. Each 
section of the petition shall bear the name of the county or 
city and county in which it is circulated, and only qualified 
electors of such county or city and county shall be competent 
to sign such section. Each section shall have attached thereto 
the affidavit of the person soliciting signatures to the same, 
stating his own qualifications and that all the signatures to the 
attached section were made in his presence and that to the best 
of his knowledge and belief each signature to the section is the 
genuine signature of the person whose name it purports to be. 


Not subject 
to veto. 


Amendment 
or repeal. 


Conflicting 

provisions. 


Printed with 
arguments. 


IVhen 
submitted 
at later 
election. 


All measures 
to be sub¬ 
mitted. 

Petition may 
be filed in 
sections. 
Formal 
requisites. 


Who may 
solicit. 


— 6 — 


Verification 

free. 


Prima facie 
evidence. 


Filing of 
sections. 


Clerk to 
determine 
sufficiency 
within 
twenty days. 


Clerk to 
certify and 
transmit to 
Secretary 
of State, 
retaining 
signatures. 


Copy in 
Clerk’s 
office. 

Supple¬ 
mental 
petition 
within 
forty days. 


Ten days to 
determine 
sufficiency of 
supplemental 
petition. 


Certificate 
of Secretary 
of State 


When peti¬ 
tion deemed 
filed. 


Duty of 
clerk. 
Registrar 
of voters. 


and no other affidavit thereto shall be required. The affidavit 
of any person soliciting signatures hereunder shall be verified 
free of charge by any officer authorized to administer oathsv 
Such petitions so verified shall be prima facie evidence that 
the signatures thereon are genuine and that the persons sign¬ 
ing the same are qualified electors. Unless and until it be 
otherwise proven upon official investigation, it shall be pre¬ 
sumed that the petition presented contains the signatures of 
the requisite number of qualified electors. 

Each section of the petition shall be filed with the clerk or 
registrar of voters of the county or city and county in which it 
was circulated, but all said sections circulated in any county or 
city and county shall be filed at the same time. Within twenty 
days after the filing of such petition in his office the said clerk, 
or registrar of voters, shall determine from the records of regis¬ 
tration what number of qualified electors have signed the same, 
and if necessary the board of supervisors shall allow said clerk 
or registrar additional assistants for the purpose of examining 
such petition and provide for their compensation. The said 
clerk or registrar, upon the completion of such examination, 
shall forthwith attach to said petition, except the signatures 
thereto appended, his certificate, properly dated, showing the 
result of said examination and shall forthwith transmit said 
petition, together with his said certificate, to the secretary of 
state and also file a copy of said certificate in his office. .Within 
forty days from the transmission of the said petition and cer¬ 
tificate by the clerk or registrar to the secretary of state, a 
supplemental petition identical with the original as to the body 
of the petition but containing supplemental names, may be filed 
with the clerk or registrar of voters, as aforesaid. The clerk 
or registrar of voters shall within ten days after the filing of 
such supplemental petition make like examination thereof, as 
of the original petition, and upon the completion of such exami¬ 
nation shall forthwith attach to said petition his certificate, 
properly dated, showdng the result of said examination, and 
shall forthwith transmit a copy of said supplemental petition, 
except the signatures thereto appended, together with his cer¬ 
tificate, to the secretary of state. 

When the secretary of state shall have received from one or 
more county clerks or registrars of voters a petition certified as 
herein provided to have been signed by the requisite number of 
qualified electors, he shall forthwith transmit to the county 
clerk or registrar of voters of every county or city and county 
in the state his certificate showing such fact. A petition shall 
be deemed to be filed with the secretary of state upon the date 
of the receipt by him of a certificate or certificates showing said 
petition to be signed by the requisite number of electors of the 
state. Any county clerk or registrar of voters shall, upon 
receipt of such copy, file the same for record in his office. The 
duties herein imposed upon the clerk or registrar of voters shall 


— 7 — 


be performed by such registrar of voters in all cases where the 
office of registrar of voters exists. 

The initiative and referendum powers of the people are Munid- 
hereby further reserved to the electors of each county, city and 
county, city and town of the state, to be exercised under such 
procedure as may be provided by law. Until otherwise pro¬ 
vided by law, the legislative body of any such county, city and 
county, city or town may provide for the manner of exercising 
the initiative and referendum powers herein reserved to such 
counties, cities and counties, cities and towns, but shall not 
require more than fifteen per cent of the electors thereof to pro¬ 
pose any initiative measure nor more than ten per cent of the 
electors thereof to order the referendum. Nothing contained 
in this section shall be construed as affecting or limiting the 
present or future powers of cities or cities and counties having 
charters adopted under the provisions of section eight of article 
eleven of this constitution. In the submission to the electors General 
of any measure under this section, all officers shall be guided by 
the general laws of this state, except as is herein otherwise 
provided. This section is self-executing, but legislation may be section 
enacted to facilitate its operation, but in no way limiting or executing, 
restricting either the provisions of this section or the powers 
herein reserved. operation. 

Note. —The exception in the above section of acts providing for tax levies 
or appropriations applies to laws providing for levies and appropriations for 
state purposes only, and not to laws regulating the levy for county and city 
purposes. Schacht v. Jordan, Supreme Court, Aug. 27, 1917. • 

The requirement that all sections shall be filed “at the same time” is 
complied with if the filings are upon the same day. Perry v. Gross, 172 
Cal. 468. 


— 8 — 


ATTORNEY GENERAL TO PREPARE TITLE AND SUMMARY 
FOR INITIATIVE MEASURES. 

[Political Code, Section 1197a, adopted 1915—Chapter 42, Statutes of 1915.] 

Sm^y to proponents of any initiative 

beprepared measure relating to the constitution or the laws of the State 
circulation, of California, prior to circulating any petition for signatures 
thereon, to submit a draft of said petition to the attorney gen¬ 
eral with a request that he prepare a title, and summary of the 
chief purposes and points of said proposed measure. Such 
title and summary shall forthwith be prepared in the manner 
provided for the preparation of ballot titles in paragraph three 
Not to section one thousand one hundred ninety-seven of the Polit- 

exceedone ical Code. Said title and summary shall not exceed one hun- 
words.^*^ dred words in all. 

HEADING ON EACH PAGE OF PETITION. 

[Political Code, Section 1197b, adopted 1915—Chapter 42, Statutes of 1915.] 

The proponents of any proposed initiative measure shall 
place upon each section of the petition in relation thereto above 
the text of the measure the title and summary referred to in 
section one thousand one hundred ninety-seven a of the Polit- 
Heading. ical Code not exceeding one hundred words in all. Across the 
top of each page of any petition asking that any act or section, 
or part of any act of the legislature be submitted to the electors 
for their approval or rejection, there shall be printed in twelve- 
point black-face type the following: 

REFERENDUM AGAINST AN ACT PASSED BY THE 
LEGISLATURE.^^ 

Short Across the top of each page after the first page of every 

^ ’initiative, referendum or recall petition or section thereof 

which may be prepared and circulated in accordance with law 
there shall be printed in eighteen-point gothic type a short 
title, in not to exceed twenty words, showing the nature of the 
petition and the subject to which it relates. 

When not Xo officer chargeable by law with receiving or filing in his 
office any initiative, referendum or recall petition shall receive 
or file any such petition which does not conform with the pro¬ 
visions of this section. This section shall apply only to initia¬ 
tive, referendum and recall measures affecting the constitution 
or laws of the state, or state officers. 


— 9 — 


COOPERATION IN PREPARATION OF INITIATIVE MEASURES 
BY LEGISLATIVE COUNSEL. 

[Chapter 727, Statutes of 1917.] 

* It shall also be the duty of the legislative counsel, ^^gis- 

1 ^ ' l3,tlV0 couns6l 

wnenever in his judgment there is reasonable probability that to cooperate, 
an initiative measure will be submitted to the voters of the 
State of California under the laws of the state relating to the 
submission of measures by initiative, to cooperate with the 
proponents of said measure in the preparation of said law 
when recpiested in writing so to do by twenty-five or more 
electors proposing such a measure. 

WHO QUALIFIED TO SIGN PETITION. 

[Political Code, Section 1083a, as amended by Chapter 138, Statutes of 1915.] 

Whenever, by the constitution or laws of this state, any initi- 
ative, referendum, recall or nominating petition or paper, or latest 
any petition or paper, is required to be signed by qualified can 
electors, only an elector who is a registered qualified elector at 
the time he signs such petition or paper shall be entitled to 
sign the same, and no elector shall be entitled to sign any such 
petition or paper on or after the first day of January of an 
even-numbered year unless he shall, on or since said first day of 
January, have made an affidavit of registration as required by 
law. Such signer shall at the time of so signing such petition Date in 
or paper affix thereto the date of such signing. Wherever, by Affixed*to^ 
the constitution or laws of this state, the county clerk or regis- signature, 
trar of voters is required to determine from the records of regis¬ 
tration what number of qualified electors have signed such 
petition or paper, he shall determine that fact with respect to Quaiiflcation 
the purported signature of any person from the affidavit of mined from' 
registration, and records relating thereto, current and in effect fStration. 
at the date of such signing of such petition or paper. 

PENALTY FOR SIGNING FICTITIOUS NAME OR NAME OF 

ANOTHER. 

[Penal Code, Section 472a, adopted 1915—Chapter 43, Statutes of 1915.] 

Every person who, subscribes to any initiative, referendum 
or recall petition or to any nominating petition a fictitious 
name, or who subscribes thereto the name of another, is guilty 
of a felony and is punishable by imprisonment in the state 
prison for not less than one nor more than fourteen years. 

PENALTY FOR MISREPRESENTATION AS TO PETITIONS, FOR 
UNLAWFUL CIRCULATION AND FILING THEREOF, FOR 
SIGNING SUCH PETITION MORE THAN ONCE, ETC. 

[Penal Code, Section 64&, adopted 1915—Chapter 49, Statutes of 1915.] 

1. It shall be unlawful for any person circulating, as princi¬ 
pal or agent, or having charge or control of the circulation of, 
or obtaining signatures to, any petition authorized or provided 
for by the constitution or laws of the State of California regu- 


10 


lating the initiative, referendum or recall to misrepresent or 
make any false statement concerning the contents, purport or 
effect of any such petition to any person who signs, or who 
desires to sign, or who is requested to sign, or who makes 
inquiries with reference to any such petition, or to whom any 
such petition is presented for his or her signature. 

2. It shall be unlawful for any person to wilfully or know¬ 
ingly circulate, publish or exhibit any false statement or mis¬ 
representation concerning the contents, purport or effect of any 
petition mentioned in this section for the purpose of obtaining 
any signature to any such petition or for the purpose of per¬ 
suading any person to sign any such petition. 

3. It shall be unlawful for any person to file in the office of 
the clerk or other officer provided by law to receive such filing, 
any petition mentioned in this section to which is attached, 
appended or subscribed any signature which the person so 
filing such petition knows to be false or fraudulent or not the 
genuine signature of the person purporting to sign such 
petition or whose name is attached, appended or subscribed 
thereto. 

4. It shall be unlawful for any person to circulate, or cause 
to be circulated, any petition mentioned in this section, know¬ 
ing the same to contain false, forged or fictitious names. 

5. It shall be unlawful for any person to make any false 
affidavit concerning any petition mentioned in this section or 
the signatures appended thereto. 

6. It shall be unlawful for any public official or employee 
knowingly to make any false return, certification or affidavit, 
concerning any petition mentioned in this section, or the signa¬ 
tures appended thereto. 

than once o7 shall be unlawful for any person to knowingly sign his 

without own name more than once to any petition mentioned in this 
qualified. act, or to sign his name to any such petition knowing himself 
at the time of such signing not to be qualified to sign the same. 
Penalty. g person, either as principal or agent, violating any of 

the provisions of this section is punishable by imprisonment 
in the state prison, or in a county jail, not exceeding two years, 
or by fine not exceeding five thousand dollars, or by both. 

PRINTING OF PAMPHLETS. 

[Political Code, Section 1195a^ as amended by Chapter 540, Statutes of 1915.] 

Number of The Secretary of state shall cause to be printed at the state 
pamphlets. office One and one-fifth times as many pamphlets as 

Contents. there are registered voters in the state. Such pamphlets shall 
contain a complete copy of all constitutional amendments, 
propositions and meaures submitted to a vote of the electors 
of the state by the legislature, or by initiative or referendum 
petition, a copy of the corresponding constitutional or statu¬ 
tory provisions as then in force, if any, and a copy of the 
statements provided for in section one thousand one hundred 


Misrepre¬ 
sentation as 
to contents 
or effect. 


Filing or 
receiving 
petition 
with signa¬ 
tures not 
genuine. 


Circulating 

petition 

improperly 

signed. 

False 

affidavit. 


False 


—11 — 


ninety-five in this code and in section one, article four of the 
constitution of the State of California. The parts of the pro¬ 
posed amendments differing from the existing provisions shall 
therein be distinguished in print, so as to facilitate comparison. 

All questions, propositions, meaures and constitutional amend¬ 
ments which are to be submitted to a vote of the electors shall 
be printed in said pamphlets, so far as possible, in the same 
order, manner and form in which the same shall be designated order, 
upon the ballot and shall be designated thereon by the respec¬ 
tive ballot titles or designations which may be provided there¬ 
for. Said ballot titles shall be numbered consecutively and Ballot 
printed on the pamphlets herein referred to immediately prior 
to the particular question, proposition, measure or constitu¬ 
tional amendment therein referred to. There shall also be 
printed on said pamphlets the copy of said ballot title or desig¬ 
nation as the same will appear on the ballots when voted on in 
the order and with the, proper number which ballot title or 
designation shall be the method by which said questions, propo¬ 
sitions and constitutional amendments shall be designated on 
the ballots. 


DISTRIBUTION OF PAMPHLETS. 

[Political Code, Section 1195&, adopted in 1915—Chapter 540, Statutes of 1915.] 

The secretary of state shall duly, and not less than thirty Pamphlets to 
days before the election next ensuant at which such amend- andTent to 
ments, propositions, measures or questions are to be voted on, 
certify such pamphlet and the matters contained therein and election, 
furnish each county clerk in the state with one and one-fifth 
times as many copies of such pamphlets as there are registered 
voters in his county. The clerk of each county shall not more 
than twenty-five days, nor less than fifteen days prior to said 
election, cause to be mailed to each voter a copy of such 
pamphlet and no other publication of such amendments, propo¬ 
sitions, measures, questions or statements shall be necessary or 
authorized. Three copies of such pamphlets, to be supplied copies in 
by the secretary of state, shall be kept at every polling place, pSS 
while an election is in progress, so that they may be freely 
consulted by the electors. 

PRESERVATION OF PETITIONS. 

[Political Code, Section 1194, adopted 1915—Chapter 152, Statutes of 1915.] 

The secretary of state shall preserve for a period of four 
years in his office all initiative, referendum and recall petitions 
filed therein under the provisions of law and shall thereafter 
destroy the same unless they have been introduced in evidence 
in some action or proceeding then pending. 


— 12 — 


SUMMARY OF PRINCIPAL REQUIREMENTS RELATING TO 
THE CIRCULATION AND SIGNING OF INITIATIVE 
AND REFERENDUM PETITIONS. 

1. Before circulating any initiative petition for signatures, the 
proponents of the measure must submit a draft of the petition to the 
Attorney General in order that he may prepare therefor a title and 
summary. Such title and summary must be placed upon each section 
of the petition. Every initiative petition proposing a law or constitu¬ 
tional amendment for submission to the electors shall have printed 
across the top thereof, in twelve point black-face type, the words: 
‘‘Initiative measure to be submitted directly to the electors.” 

2. Each page of every petition proposing to submit to the electors 
any act of the legislature must have printed across the top in twelve 
point black-face type the words: “Referendum against an act passed 
by the Legislature.” 

3. Every initiative or referendum petition or section thereof must 
have printed across the top of each page after the first page, in 
eighteen point gothic type, a short title not to exceed twenty words. 
Every section of such petition must contain a full and correct copy of 
the title and text of the proposed measure, and must bear the name 
of the county in which it is circulated. 

4. No one can circulate an initiative or referendum petition who has 
not registered in the current registration; that is to say, no one can 
circulate such a petition in 1916 or 1917 who has not registered since 
January 1, 1916. 

5. One can circulate such a petition only in the county in which he 
is a qualified elector; and only qualified electors of such county can 
sign the petition. 

6. No one can sign such a petition unless he is a registered qualified 
elector at the time he signs; that is to say, no one can sign such a 
petition in 1916 or 1917 unless he has registered since January 1, 
1916. In determining the sufficiency of the signatures to such peti¬ 
tion, the county clerk or registrar of voters can consult only the cur¬ 
rent registration. An elector can sign such a petition only once. A 
supplemental petition can bear only supplemental names, not names 
that were attached to the original petition. 

7. The signer of such petition must, at the time of signing, affix his 
place of residence, giving the street and number if such exist, and the 
date of .such signing. Signers should give day, month and year when 
giving date of signing. 

8. The circulator of each section of such petition must make affidavit 
stating, amongst other things, that all the signatures in such section 
were made in his presence. 


13 — 


9. A married woman should sign her own Christian name, not that 
of her husband. 

10. No fee can be charged by any officer authorized to administer 
oaths for verifying the affidavit of any person soliciting signatures to 
such petition. 

11. Each section of such petition must be filed with the clerk or reg¬ 
istrar of voters of the county in which it was circulated, but all such 
sections must be filed at the same time. 

12. One who signs to any initiative or referendum petition a fictitious 
name or the name of another is guilty of a felony and is punishable by 
imprisonment in the state prison for not less than one nor more than 
fourteen years. 

13. Punishment by imprisonment for not exceeding two years or by 
fine not exceeding five thousand dollars or by both, is prescribed' for 
any person who, as principal or agent— 

a. When circulating, or in control of the circulation of, such 
petition, misrepresents or makes any false statement “concerning 
the contents, purport or effect of any such petition, to any person 
who signs or who desires to sign or who is requested to sign or 
who makes inquiries with reference to any such petition, or to 
whom any such petition is presented for his or her signature.” 

h. Wilfully or knowingly circulates, publishes, or exhibits any 
false statement or misrepresentation concerning the contents, pur¬ 
port or effect of any such petition for the purpose of obtaining any 
signature to any such petition, or for the purpose of persuading 
any person to sign anj^ such petition. 

c. Files in the office prescribed for such filing a petition bearing 
a signature which the person filing knows to be other than the 
genuine signature which it purports to be. 

d. Circulates or causes to be circulated a petition containing 
false, forged or fictitious names. 

e. Makes any false affidavit concerning any petition or the signa¬ 
tures appended thereto. 

f. ]\Iakes, as public official or employee, any false returns, certifi¬ 
cation or affidavit concerning any petition or the signatures thereon. 

g. Signs any petition more than once or signs at a time when he 
knows he is not qualified to sign. 

14. Except those acts which the Constitution declares may go into 
immediate effect, an act passed by the legislature goes into effect 
“ninety days after the final adjournment of the session of the legis¬ 
lature which passed such act.” No act can be delayed from going 
into effect by the filing against it of a referendum petition unless such 
petition, complete in all respects as prescribed by the Constitution, is 
presented to the secretary of state “within ninety days after the final 
adjournment of the legislature.” 


— 14 — 


(Form approved by Secretary.of State and Attorney General) 

CLERK’S CERTIFICATE TO ORIGINAL INITIATIVE 
PETITION. 


I,_, County Clerk 

of the County of_, State of 

California, hereby certify that the foregoing initiative petition 
to which this certificate is attached was filed in the office of the 

County Clerk of said county on the-day of 

_, 191_; that said petition consists 

of_sections and that all of said sections were filed at 

the same time; that each section contains signatures and dates 
purporting to be respectively the signatures of qualified electors 
of said county and the dates upon which such electors had 
respectively signed said petition; that attached to said petition 
at the time the same was filed as aforesaid was an affidavit 
purporting to be the affidavit of the person who solicited the 
signatures thereon; that the person by whom said affidavit 
purports to have been taken and verified was at the time 
thereof an officer authorized to administer oaths; that therein 
affiant stated his own qualifications, that he had solicited the 
signatures upon said section, that all of said signatures were 
made in his presence and that to the best of his knowledge and 
belief each signature to the said section was the genuine 
signature of the person whose name it purports to be. 

That after said petition was filed as aforesaid I, as said 
clerk, examined the affidavits of registration in said county, 
and the records relating thereto, current and in effect at the 
respective purported dates of such signing, to determine there¬ 
from what number of qualified electors signed said petition and 
had respectively affixed thereto the purported dates of their 
signing, and from said examination I, as said clerk, have 

determined that said petition was and is signed by_ 

qualified electors of said county, each of whom had affixed to 
said petition a date purporting to be the date when such 
elector had signed such petition and each of whom was a 
registered qualified elector of said county on said date. 

In Witness Whereof I, said_, 

County Clerk of said County of_, 

State of California, have hereunto set my hand and affixed my 
official seal this_day of_, 191_ 


[seal] 


County Clerk of the County of 
-, State of California. 


By. 


Deputy. 


County Clerks and Registrars of Voters will use this certificate when 
certi^'ying original initiative petition to Secretary of State. Attach this 
certificate to one full and correct copy of the petition. Do not send 
signatures to petition to Secretary of State. 















(Form approved by Secretary of State and Attorney General) 

CLERK’S CERTIFICATE TO SUPPLEMENTAL 
INITIATIVE PETITION. 


1.-, County Clerk 

of the County of_, State of 

California, hereby certify that on the_day of 


-, 191_, there was filed in the 

office of the County Clerk of said county an original initiative 
petition of which the copy attached hereto is identical as to the 
subject matter thereof, that said petition with the certificate of 
said clerk attached thereto as to the number of qualified 
electors who have signed the same and affixed thereto a date 
purporting to be the date of their respective signing of the 
same was transmitted to the Secretary of State on the_ 


day of_, 191_ 

That thereafter and on the_day of 


191_, there was filed in the office of said clerk a supple¬ 

mental petition identical with said original petition as to the 
subject matter thereof but purporting to contain supplemental 
names of qualified electors of said county; that hereto annexed 
is a copy of said supplemental petition except as to the signa¬ 
tures thereto appended; that saici supplemental petition consists 

of_sections and that all of said sections were filed at 

the same time; that each section contained signatures and dates 
purporting to be respectively the signatures of qualified electors 
of said county and the dates upon which such electors had 
respectively signed said supplemental petition; that attached 
to said supplemental petition at the time the same was filed 
as aforesaid was an affidavit of the person who solicited the 
signatures thereon; that the person by whom said affidavit 
purports to have been taken and verified was at the time 
thereof an officer authorized to administer oaths; that therein 
affiant stated his own qualifications, that he had solicited the 
signatures upon said section, that all of said signatures were 
made in his presence and that to the best of his knowledge 
and belief each signature to said section was the genuine 
signature of the person whose name it purports to be. 

That after said supplemental petition was filed as aforesaid 
I. as said clerk, examined the records of registration in said 
corntv, and the records relating thereto, current and in effect 
at the respective purported dates of such signing, to determine 
therefrom what number rf qualified electors signed said supple¬ 
mental petition and had respectively affixed thereto the 
purported date of their signing, and from said examination I, 
as said ^lerk. have determined that said supplemental petition 

was and is signed by_oualified electors of said 

coiintv. each of whom had affixed to said supplemental petition 
a date purporting to be the date that such elector had signed 












- - 0 028 001 

such supplemental petition and each of whom was a registered 
qualified elector of said county on said date. 

In Witness Whereof I, said_, 

County Clerk of said County of_, State 

of California, have hereunto set hand and affixed my official 
seal this_da}^ of_, 191_ 



[seal] 


County Clerk of the County of 
_, State of California. 


By 


Deputy. 


County Clerks and Registrars of Voters will use this certificate when 
certifying supplemental initiative petition to Secretary of State. Attach 
this certificate to one full and correct copy of the petition. Do not send 
signatures to petition to Secretary of State. 


O 





















